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FDIC Challenged Over 'Kafkaesque' Enforcement Proceeding
A former small business financier battling Federal Deposit Insurance Corp. enforcement claims has asked a D.C. federal court to issue an emergency order staying the agency’s “Kafkaesque” administrative proceeding against him, arguing that it deprives him of his constitutional right to a jury trial…
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Code Games
… When the Centers for Disease Control and Prevention (CDC) banned residential evictions for non-payment of rent in 2020, property owners responded with a flurry of lawsuits, arguing that the federal government owed them compensation for what amounted to a physical taking of their property. While those lawsuits were ongoing, the U.S. Supreme Court ruled in…
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Challenge To SEC Database Not Too Late, Investors Argue
The Texas investors suing the U.S. Securities and Exchange Commission to stop the collection of trading information through a central database have hit back against the agency’s arguments that the lawsuit was filed 12 years too late, saying they have ongoing concerns that their private information could be compromised…
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Judge orders ATF to return last ‘legal’ bump stock
The last “legal” bump stock is set to be given back to the owner this month after the Biden administration lost on its latest gun control effort. A federal district court judge, reacting to a Supreme Court decision knocking down a ban on the device from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, ordered it returned to Clark Aposhian,…
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Bar Association, Other Amici Say Preliminary Injunction Enough For Attorney Fees
In the first of 10 amicus briefs supporting arguments before the U.S. Supreme Court by Virginians seeking attorney fees related to their putative class complaint over a now repealed suspension of driver’s licenses statute, the New Jersey State Bar Association tells the justices that a merits-based preliminary injunction is enough to establish a “previaling party”…
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Court of Appeals Reverses Dismissal of NAA Eviction Moratorium Lawsuit
On August 7th, 2024, the U.S. Court of Appeals for the Federal Circuit overturned the U.S. Court of Federal Claims’ dismissal of Darby Development Company, Inc. v. United States in a 2-1 decision. The critical case seeks to determine whether the U.S. Centers for Disease Control and Prevention’s (CDC) federal moratorium is an illegal taking under the…
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